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Nicholas Gaskell & Craig Forrest, Marine Pollution Damage in Australia: Implementing the Bunker Oil Convention 2001 and the Supplementary Fund Protocol 2003, 27 U. Queensland L.J. 103 (2008).
The grounding of the bulk carrier Pasha Bulker on Nobbys beach, Newcastle in June 2007 has again highlighted the risk from shipping posed to Australia’s extensive and environmentally fragile coastline. Two recent additions to the international regulatory system are the Protocol on the Establishment of a Supplementary Fund for Oil Pollution Damage 2003, (the “Supplementary Fund Protocol 2003”) and the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (“the Bunker Oil Convention 2001”).
In 2008, Australia gave effect to these instruments, enacting the Supplementary Fund Protocol via the Protection of the Sea Legislation Amendment Act 2008 (Cth), while the Bunker Oil Convention is given effect through the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 (Cth), and the Protection of the Sea (Civil Liability For Bunker Oil Pollution Damage) (Consequential Amendments) Act 2008 (Cth). The purpose of this article is to analyse these international instruments, describe how they came about, and explain the Australian implementation of them. In particular, consideration is given to the question of limitation of liability, especially the relationship between bunker pollution claims and the Convention on Limitation of Liability for Maritime Claims (LLMC) 1976, as amended in 1996.
David L. VanderZwaag & Ann Powers, The Protection of the Marine Environment from Land-Based Pollution and Activities: Gauging the Tides of Global and Regional Governance, 23 Int'l J.L. of Marine and Coastal L. 423 (2008).
After providing an introductory overview of the major land-based threats to the marine environment, this article focuses upon the specific global and regional efforts to address land-based marine pollution and activities through a four-part survey. Regional agreements and initiatives to counter land-based marine pollution and activities are reviewed. Progress and challenges in GPA implementation at the regional seas level are highlighted.
Craig Forrest, Historic Wreck Salvage: An International Prospective, 33 Tul. Mar. L.J. 347 (2009).
The problem of how to provide an effective legal preservation and protection regime for wrecks of historical or archaeological significance has been a favourite topic for U.S. commentators, spawning latest law journal article on the subject.